Florida Statutes

Fla. Stat. § 732.601 (2025)

Simultaneous Death Law.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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732.601 Simultaneous Death Law.—Unless a contrary intention appears in the governing instrument:

(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.

(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.

(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.

(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

History.—s. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226.

Note.—Created from former s. 736.05.

Notes of Decisions

Cited in 6 cases, 1980–2011 · leading case: Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011).

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Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011). · cites it 2× “, section 732.601 ("Simultaneous *691 Death Law"), section 732.”

King v. Font Corp., 612 So. 2d 662 (Fla. 2d DCA 1993). “That definition refers to the "decedent's spouse" and to relatives "dependent" on the decedent.”

Darian v. Weymouth, 76 So. 3d 15 (Fla. 4th DCA 2011). · cites it 6× “…died otherwise than simultaneously, the prop *17 erty of each person shall be disposed of as if that person survived. Fla. Stat. § 732.601 (1) (2004).”

In re Est. of Shine, 389 So. 2d 1191 (Fla. 4th DCA 1980). · cites it 3× “Under Section 732.601(1), Florida Statutes (1979), when the devise of property depends on the priority of death of two persons and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each shall pass as if that person had…”

In re Est. of Yanowsky, 384 So. 2d 1297 (Fla. 2d DCA 1980). · cites it 2× “Section 732.601(3), Florida Statutes (1977), provides: (3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the…”

Silver v. Schroeder, 474 So. 2d 857 (Fla. 3d DCA 1985). · cites it 6× “Anguilano’s representative contends that the phrase “in a common disaster” found in paragraph seven of the will has no legal meaning or effect unless viewed in relation to a simultaneous death situation, consistent with section 732.601, Florida Statutes (1983).”

— 732.601(1) — 2 cases

In re Est. of Shine, 389 So. 2d 1191 (Fla. 4th DCA 1980). “Under Section 732.601(1), Florida Statutes (1979), when the devise of property depends on the priority of death of two persons and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each shall pass as if that person had…”

Darian v. Weymouth, 76 So. 3d 15 (Fla. 4th DCA 2011). “…died otherwise than simultaneously, the prop *17 erty of each person shall be disposed of as if that person survived. Fla. Stat. § 732.601 (1) (2004).”

— 732.601(3) — 1 case

In re Est. of Yanowsky, 384 So. 2d 1297 (Fla. 2d DCA 1980). “Section 732.601(3), Florida Statutes (1977), provides: (3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the…”

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